Firearm Convictions Remain Alarmingly Low

Statement by Nicholas Gotsell MP – DA NCOP Member on Security & Justice:

The Democratic Alliance (DA) calls on the Minister of Justice and Constitutional Development Mmamoloko Kubayi and NPA leadership to account for the alarming decline in firearm convictions and failures in the prosecution system. The failure to convict directly contributes to the gang and drug war currently raging on the Cape Flats and other gang-affected areas.

We will write to the Chairperson of the Select Committee of Security and Justice for them to appear and outline urgent steps to restore the integrity and effectiveness of firearm prosecutions.

We are deeply concerned by Minister Kubayi’s reply to the DA’s recent Parliamentary questions (PQs), which confirm a troublingly low rates in the effective prosecution of firearm-related offences in South Africa.

According to the Minister’s response, over the past two years, a total of 10,315 cases involving the illegal possession of firearms and ammunition were enrolled in District and Regional Courts. Further revealing that in the past two years:

• 6,569 cases were withdrawn after enrolment,
• 101 cases resulted in acquittals,
• Only 1,671 cases were finalised with convictions.

These figures point to a prosecution system that is failing to hold offenders accountable, with the overwhelming majority of cases not resulting in convictions.

Equally concerning is the revelation that the NPA does not have a system in place to record how many firearm-related cases it receives from the SAPS. In addition, the NPA lacks a tracking system for firearm-related cases in the High Courts, meaning the true scale of the problem may be significantly understated.

While the Minister has indicated that a case management solution for the High Courts is being developed, the DA believes that this process is taking far too long, particularly in the face of escalating violent crime. The absence of recorded reasons for case withdrawals further undermines transparency and accountability within the prosecution system, providing no data on where the criminal justice system is breaking down.

This response paints a deeply worrying picture of a prosecuting authority under severe strain and, in key respects, failing in its mandate.

Weak prosecution of firearm offences directly fuels gang violence. Nowhere is this more evident than in the Western Cape, where inadequate investigation and prosecution allow illegal firearms to remain in circulation and criminal networks to operate with impunity.

Detection without successful prosecution has little meaningful impact on crime. Without consequences, offenders are emboldened, and communities remain vulnerable.

South Africans deserve a criminal justice system that works. The DA will fight to ensure that those who break the law are held accountable and that communities are kept safe.